Tenant's Alleged Failure to Provide Access for Repairs Didn't Amount to Nuisance

Landlord sued to evict rent-stabilized supportive housing tenant. Landlord claimed that tenant created a nuisance by failing to provide access for repairs on a number of occasions during an 11-month period. Landlord also claimed tenant harassed landlord by making 364 calls to HPD's 311 line in one year, engaging in outrageous and unreasonable behavior toward building staff, and intentionally damaging the apartment after repairs were made. Tenant asked the court to dismiss the case.

The court ruled for tenant, finding that landlord's termination notice wasn't specific enough and didn't set forth a proper claim for nuisance. Landlord cited only one incident in a three-month period where tenant failed to provide access for unspecified repairs. As for the HPD complaints, tenant claimed that he made far fewer, and landlord didn't explain how these calls amounted to behavior that was intended to harass landlord or other tenants. Landlord's notice also didn't include details regarding how tenant's failure to provide access affected the right to peaceful enjoyment of the building by other residents, or their health, safety, and welfare. 

772 East 168 Street LLC v. Holmes: 61 Misc.3d 1206(A), 2018 NY Slip Op 51381(U) (Civ. Ct. NY; 10/1/18; Bacdayan, J)